In the District of Colorado case Pierce v. Photobucket, Judge Brimmer issued an important ruling last.
It’s a fairly complex decision with different rulings as to each plaintiff. The end result is that the Judge has administratively closed the case subject to reopening by any party upon a showing of good cause.
If I understand the opinion correctly, the Judge ruled:
- Mac Pierce “did not enter into an agreement with Photobucket to arbitrate his claims” (23).
- Niki Hughes “agreed to arbitrate her claims against Photobucket” (26).
- Sean Hughes‘ “claims are not subject to arbitration.”
- Valerie Cumming “did not agree to arbitrate her claims with Photobucket.”
- But “Given the significant overlap between the arbitrable claims and nonarbitrable claims and potential for a preclusive effect, the Court finds that a stay of this proceeding pending arbitration is warranted. See Adams v. Modernad Media, LLC, No. 12-cv- 00513-PAB-MEH, 2013 WL 6740.”
That means Pierce and Niki Hughes head to arbitration. And Sean Hughes and Cumming’s lawsuit is stayed pending the arbitration.
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